Performance of duties

1. Performance of duties By Derrick Wiley

2. Do now question • In January, Doolan construction company promised to remodel Kempner's kitchen during July when Kempner would be visiting relatives in Canada. There written contract called for work to start on July 1st, and to be completed for August 2nd. In April, Doolan phoned and said he could not start until July 20, if then. What can Kemper do?

3. Answer • It depends on what the contract stated. If the contract called for work to start in July then he would have to do it. So basically Kempler can sue the company. Also the company did not discharge the contract. So it is a breach of contract.

4. Vocab • Discharge: termination of duties that ordinarily occurs when the parties preform as promised issues • Breach of Contract: Failure to provide complete performance • Cancellation: ending a contract for sale of goods because of a breach • Substantial performance: when all the duties are performed, but a minor duty • Defaults: failure to perform legal duties or failure failure to perform an agreement • Anticipatory breach: notification, before the scheduled time of performance • Substitution: parties replacement of their original contract with a new contract • Accord: an agreement to make such a change • Satisfaction: performance of the new obligation • Novation: contractual parties release of the other parties from the duty of performance • Alteration: Material change in the terms of a written contract without consent of the other party • Tender: an offer to perform an obligation • Legal tender: currency or coins

5. Destruction of Subject Matter • Sometimes performance depends on the continued existence of some specific things. • Destruction terminates the contract • The result of destruction is different if the seller has other sources • The contract only limits one source • Only one source is acceptable

6. Performance Declared ILLegal • Contracts are discharged when it late becomes Illegal • A new statue, court ruling, an a administrative decision can be illegal • It does not apply in the payment of money, goods, or transfer for land

7. Operation of Law • A contract can be discharged and the right to enforce it can be imprisoned by the operation of law • Debt are discharged in bankruptcy • Enforcements of the contract has passed because of the statue of limitations • Alteration of a written agreement also discharges the agreement by the operation of laws

8. To discharge the contract the alteration must be • Changing the agreement in a different way • Not by accident or mistake • Made with consent of the other party • Authorized by an agent or made by a party

9. About Performance of DutiesWhat I learnedAnd notes Performance of duties is about how you can take down a contract and what are the terms called when you break a contract. Also its about what other people do when you breach a contract. It talks about contracts state certain duties you write and written contracts. How everything needs to be done at a specific time when you write it in a contract. If you cant do it by a certain time it is a major breach. Anytime someone puts time is “of the essence” in a contract it is not necessarily controlling over you. It teaches you substitution and how the company and you agree to change the obligation on the original contract.